Study On The Scope Of Application Of Punitive Compensation System

This paper, based on the scope of application of the punitive damagessystem, do a preliminary study to the improvement of this system. Themodem system of punitive damages is applied in the United States, the UnitedKingdom on behalf of the common law countries. Therefore, the first part ofthe common law countries with major punitive damages a comparativeanalysis of the scope of application of the system. The reason is that theresearch scope of punitive damages system is the key to the nature of punitivedamages. The second part is devoted to analyze the nature of the system. Thethird part of the system is to view the narrow scope of the legislative status ofpunitive damages, which should be made to expand the scope of applicationof the system and to their reasons for the demonstration. On this basis,Chinese realities, punitive damages system to expand the scope of applicationfor a preliminary concept. The fourth part is to analyze punitive damages onthe legislative system in our country and to improve legislative proposals.Punitive damages against perpetrators of the subjective maliciously madeby the courts or arbitration bodies exceed the actual amount of compensationfor the losses the amount of compensation for victims. Since 1993, Chinapromulgated the "the law of consumer rights protection", Chinese punitivedamages system has become one of the hot-spot issues and the focus ofacademic research. After 20 years of research, our scholars who establishpunitive damages system has been basically formed a consensus. The nextissue is how to comply with the conditions of punitive damages and thescope of the system is the prerequisite and basis for improving the system.Application of a fairly complete system of punitive damages countriesare mainly the United States, Britain, Australia and Canada. These fourcountries' punitive damages on the one hand have the scope of applicationof the system of overlapping fields, on the other hand they are different fromeach other. The United States and Canada can apply punitive damages in tortsystem, contracts and other fields, while Britain and Australia generally doesnot apply to the contract area. In recent years, the system of punitive damages in these countries improve the varying degrees of the same time alsoincreasingly obvious impact on other countries, which is in order to make thesystem showing the intemational trend. In the scope of application of punitivedamages system, determine its nature is the key. The legal basis for punitivedamages from the system, historical background, functional results, thepractical needs, the experience of foreign countries and so, punitive damagesin the civil liability system is a special system. This system is applicable todetermine punitive damages in all civil spheres possibility.Although punitive damages in China's legislative system has beenestablished, its scope is very narrow. China should expand the scope of itsapplication. China has expanded the scope of its application on the basis andconditions more needs to expand its scope of application. Firstly, the fieldshould apply punitive damages in tort system, the more urgent is thefollowing applies: The assault, criminal fringe civil product liability area, theenvironment and infringement of intellectual property infringement, civilsecurities, safe production. Secondly, the contract should be also furtherimproved by the field of application of the system. In rapid developing socity,and various new types of violations and breaches emerged, with acorresponding, punitive damages will continue to adjust and expand the scopeof application. Thus, the scope of application of the system of punitivedamages it has developed as a dynamic process of change. Of course, theimprovement of the system of punitive damages in the scope of applicationconditions is technology has so many legislative efforts and improve overallresults.At the legislative level, the future of our system of punitive damages intort and contract areas of the Civil Code should be provided However, as atemporary measure, the first step is in intellectual property law, securities law,environmental protection, product liability, Consumer Protection Law, theProduct Safety Act and other relevant civil or special laws to improve theapplication of punitive damages system.